If
you enter into a marriage with a foreigner and getting ready to move to
another country, learn the local laws in advance and do not expect that
in the event of your scandalous divorce and a dispute over a child
enters Russia in troops to rescue you, warns commissioner of the
Presidential on the Rights of the Child Pavel Astakhov .Russian
women marry foreigners tend to have the vaguest idea of the laws of
the State where they are sent to live and raise their children, say
child rights advocates professional and enthusiast offering ideas to get
married abroad to do the legal self-education.If
in our country in a divorce case in determining the priority of child
custody is traditionally given to the mothers, the laws of other
countries may give priority to and the father. When our compatriots abroad will know that their child will not live with them after the divorce, it leads to genuine drama.Meanwhile, Russia is negotiating with other countries to sign bilateral agreements on mutual assistance in civil and family matters, many of our compatriots, being abroad in a difficult situation, prefer to work at your own risk - regardless of the laws of the country where they are ."My father is in despair"However, similar problems beset the Russians and, once married, if one takes away from the former spouse's child abroad and taking the citizenship of another country.On a similar story told Adviser to the Presidential Commissioner for the Rights of the Child Natalia Trigubovich, speaking October 11 at the Fourth Congress of the Ombudsman for Children.By the Ombudsman asked for help a Russian, whose ex-wife 10 years ago, took them a total of Norway's daughter without his consent, although in a divorce court has determined that the girl will live with his father. Over time, the mother received citizenship in Norway. My father tried to gain recognition Russian court's decision that her daughter should live with him, went through all the courts in Norway, but got nowhere.Circumstances are such that over time, the Norwegian courts seized the girl in the mother. Surname girls has been changed (without the consent of the father) to the Norwegian in 2009 girl was placed in an orphanage, and since 2010 she lives in a foster family. Today, a girl 15 years old, she has very little in Russian, his father still is not able to communicate with her because he was denied a visa."My father continues through his lawyers to appeal against the decision of Norwegian court, but he always refused. Contact between father and daughter is lost, he is in despair," - said Natalia Trigubovich.Escape does not encourage, but do not give theirUnfortunately, the contradictions in international law and the absence of bilateral agreements on mutual assistance in civil and family matters with an overwhelming majority of the world lead to dramatic consequences.Lawyers and diplomats are trying to solve this problem. This year, Russia joined the Hague Convention on Civil Aspects of International Child Abduction. This addition will reduce the number of cases of child abduction and to ensure the protection of their legitimate rights and interests. The convention involves 82 States, of which only a few have bilateral agreements with Russia on mutual legal assistance in civil matters.Today, Russia is negotiating with several European countries and the United States has signed bilateral agreements on mutual assistance in civil and family matters, the treaty with France is signed. However, it is not fast, requiring lengthy negotiations. In the meantime, many Russians in the event of a conflict with her former husband are at your own risk."Typically, such a scheme works: As soon as the review process in court, Russian woman, suspecting that she may take away a son or daughter who collects things, takes a child until it has not yet closed the border and went to Russia," - Natalie explained Trigubovich.Here a fugitive parent must register the child's citizenship, "close" to him abroad, to send its own suit in Russian court."While the unfolding of foreign judicial machine, while there will understand that the child is left and what to look for it, passes a certain period of time, and here is the Russian court decision is made", - told the counselor children's ombudsman.Conflicts between the former spouses associated with mutual kidnappings of children often receive international publicity. Many memorable history with Russian Rimma Salonen, who went to the child from Finland to Russia. In 2008, Salonen was in absentia is denied the right of guardianship over her son at the suit of her former husband, Finn. Now the boy, having as the Finnish and Russian citizenship, lives with his father, who in 2009 illegally brought the child back to Finland in the trunk of a diplomatic car."We can not forbid the export mothers of their children - said the Congress authorized the Presidential Council for Child Rights Pavel Astakhov. - But we can not encourage runaways or children move beyond the existing rules, regulations and laws. But if it happens, we give them just will not. "The Ombudsman will not abduct childrenAccording to Pavel Astakhov, Russian women usually seek the help of representatives of the native state is too late: "Unfortunately, all the things that come to us, are already in the last stage of the proceedings or lost long ago."Legal, political and diplomatic means to protect the rights of children of mixed marriages there and the Foreign Ministry. "But we sometimes call when already make appropriate administrative or judicial decisions in a particular country. And the legal capacity to revoke the decision or in any way to adjust it, of course, remains a little" - said the Congress authorized the Foreign Ministry Russia on human rights, democracy and the rule of law, Konstantin Dolgov.Sometimes despair prompts Russian has the most extravagant solutions to the problem. "I have repeatedly heard these words literally:" Pavel, you have diplomatic immunity. Come, put my child in the trunk and bring the to Russia "," - said Pavel Astakhov.Of course, representatives of the state are not alone legal means to help our fellow citizens. "We actively help our citizens to defend their rights, but we consider it inadmissible to fight in violation of the law by further violations of law", - said Konstantin Dolgov.According to Pavel Astakhov, the Ombudsman for Children's Rights is a positive experience won ships, the main thing - to seek help at an early stage. If necessary, help the Russians could be provided at the highest level. "I never refused any chief of the countries to which I sent letter and where I supported someone requests", - said the Ombudsman.At the state helps those who help themselvesThe main cure for the problems of mixed marriages - prevention of these problems, experts say. "Unfortunately, the vast majority do not realize until the end of the fact that they have to obey the laws of another's written in a foreign language - says Astakhov. - And if people are not ready to obey the law, then begin a very serious problem. This does not mean that we should forbid mixed marriages, but to warn people in advance, we must. "Experts advise to conclude before the wedding, the marriage contract. "The fact that the contract must push our people to make a detailed view and analyze the family law of another country", - said Konstantin Dolgov.Preparing for marriage with a foreigner, let alone to move abroad, you should study the laws of this country, experts advise. In controversial cases, you must have recourse to a lawyer."But if you do do not, count on the fact that tomorrow Russia will introduce troops into France and Norway and will solve your problem - it's utopia" - sums up Pavel Astakhov.
